June 23, 2014
I work for a non-profit 501(c)3 organization. I would like to use a portion (two minutes) of this piece for a tribute to our founder. This tribute will not be sold or in any way gain profit from it. Simply on our website with a PowerPoint video.
I cannot find any definitive answer if it, in fact, is or is not in public domain.
Can you help?
December 26, 2013
70 years from death rule is in the "tell a big enough lie and somebody will believe it." department.
When cylinders and records became popular, the sheet music industry sued for a percentage of record sales.
They lost but in 1911 Victor Herbert went all the way to the Supreme Court to receive royalties from commercial stage users such as the great Ziegfield, as he called himself, for the use of Herbert’s songs. Oliver Wendell Holmes presided. Yes it was agreed, and ASCAP was formed.
About 1942 Paul Whiteman and Fred Warring (ASCAP members) sued the broadcasters for playing records over the air. Record labels, up to that time, had a statement “Not for broadcast.”
The radio stations won.
The Musicians union was upset because records, playing in jukeboxes, were cutting into live band playing. The Musicians went on strike for thirteen months beginning in 1942 refusing to record. Also, ASCAP was hard to join therefore BMI was formed in competition. BMI accepted all music writers and guaranteed them certain benefits as they competed with ASCAP which was only interested to have the major writers as members.
In the late 1950s when reel to reel tape recorders became available, the recording industry went to court to stop the sale of tape recorders.
The court ruled that home recording of music was legal including all sounds broadcast through the air including sharing it but not selling them.
When dual cassette tape recorders made copying easy, the RIAA sued Sony to make this type of recorders illegal.
The Supreme Court ruled that copying was legal as long as the copies were not for commercial sale.
the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.
You can not use old sounds and 'claim ' a copyright on your show and thus 'own' old content. Some interneters tried this.
December 19, 2013
thank you for your answer, but for my weak english I'm afraid that I don't fully understand it.
In practice, are you saying that "fair use" overcomes the "70 years from death" rule?
If that is the case, in my (non-commercial) webradio I should be allowed to use Django Reinhardt.
Am I understanding right?
But anyway I'm not sure if "fair use" applies also here in Italy...